Campbell v. Taulbee

Opinion of the Court by

Judge Dietzman

Reversing.

On the 23rd day of February, 1927, the appellant Henry Campbell, who owned a tract of land in Perry county containing about 175 acres, sold and conveyed tO' Farmer Osborne an undivided one-half interest in and to all the merchantable timber upon that tract of land, with certain exceptions not here pertinent. The deed. provided that Osborne was to have until March 1, 1930, within which to cut and remove the timber conveyed to him. It appears that thereafter the appellant and Osborne as partners entered into the cutting and removing of the timber…